As an Ontario personal injury lawyer, I understand the hardships that accident victims and their loved ones endure following a car accident.

Car accidents can shatter lives, leaving physical, emotional, and financial scars in their wake. It's my mission to help you navigate the complex legal landscape and secure the compensation you deserve.

Today, I want to shed light on a crucial aspect that almost no one knows about: the hidden deductible on pain and suffering awards in car accident cases.

When you're pursuing a personal injury motor vehicle accident lawsuit in Ontario, you may be familiar with the term "pain and suffering" or "non-pecuniary damages." These damages are intended to compensate you for the physical and emotional pain, as well as the loss of enjoyment of life, resulting from the accident.

However, what many accident victims don't realize is that there's a deductible attached to these awards. Insurance companies benefit from this deductible and use it to deter or reduce what they may pay.

The Insurance Act in Ontario introduced this deductible many years ago, which is adjusted annually to account for inflation. Currently, this deductible stands at $44,367.24. This means that if your pain and suffering award is less than this deductible, you won't receive any compensation for pain and suffering.

For example, if your award is $44,000.00, you wouldn't receive anything for pain and suffering because it falls below the deductible amount.

In my opinion, worse yet, the jury at trial is kept from knowing about the deductible; lawyers are not allowed to tell them about it! I believe jurors would be quite distressed to know the impact of this deductible after believing their award was what the injured plaintiff would receive.

Ultimately, this deductible isn't the end of the story. It's important to work with an experienced personal injury lawyer who can help you maximize your compensation and prove that injuries, in many cases, surpass the deductible amount.

Here are some key points to consider:

  1. Assessing the Severity of Your Injuries: The extent of your injuries directly impacts your pain and suffering award. Severe injuries that result in long-term disabilities or significant pain are more likely to exceed the deductible threshold. Understanding the full impact of your injuries and making them part of your case is key.
  2. Documentation: Comprehensive medical records, expert testimony, and evidence of how the accident has affected your life are essential. These elements can help demonstrate the true extent of your pain and suffering.
  3. Negotiation Skills: A skilled personal injury lawyer can negotiate with the insurance company to ensure you receive the highest possible settlement within the deductible constraints.

In conclusion, while the hidden deductible on pain and suffering awards in car accident cases can be disheartening, it shouldn't deter you from pursuing your rightful compensation.

By partnering with an experienced personal injury lawyer, you can navigate the intricacies of the legal system and work towards securing the compensation you need to rebuild your life.

Remember, I'm here to help you every step of the way. If you or a loved one has been affected by a car accident in Ontario, please don't hesitate to reach out to me. Your rights matter, and together, we can ensure that justice is served.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.